Plain English Breakdown
The bill did not pass, but the summary accurately reflects its intended provisions if it had been enacted.
Identity Theft Debt Forgiveness Act
This bill creates a process for identity theft victims to have their debts forgiven and credit reports cleared.
What This Bill Does
- Defines 'identity theft' as using someone else's personal information without permission to obtain goods, money, or other valuable things.
- Allows victims of identity theft to send a certified letter to creditors requesting forgiveness of the debt and removal from their credit report.
- Requires creditors to respond within 60 days after receiving the victim’s letter; otherwise, the victim can petition chancery court for relief.
- In court, victims must prove they did not incur or benefit from the debt and that they reported the theft to law enforcement.
Who It Names or Affects
- Victims of identity theft
- Creditors who have debts claimed by identity thieves
Terms To Know
- Identity Theft
- Using someone else's personal information without permission to obtain goods, money, or other valuable things.
- Creditor
- A person or company that lends money and expects it back with interest.
Limits and Unknowns
- The bill did not pass in the session.
- Victims must prove they are not responsible for the debt before a court can order forgiveness and removal from credit reports.